the congress wrote a law in the clinton administration, president clinton signed it and that's the standard used. how do they decide whether they were negligent or gross negligence. what's the difference? easy example. you drive your car 40 miles an hour in a 25 miles an hour zone. that's negligence. you drive your car 830 miles an hour in -- 80 miles an hour in a 25 miles an hour, that's gross negligence. it has to do with how much you avoided the duty you have to preserve the asset and keep the people that work for you and the property around you safe. >> shepard: more closely tied example might be if you were trying to save money but didn't realize where you were skimping was a problem that might cost lives, that's one thing. if you saw problems, we know the rules, we're breaking the rules to save money, that's gross. >> that would be gross negligence. >> shepard: the argument has been made in the criminal trial suggesting that's what happened. >> i don't know which way the judge will go but i now how he's going to decide. if there is a trial. i thing it will settle before the end of thi